IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.8468 OF 2020(G)
PETITIONER:
P.GEORGE
AGED 64 YEARS
S/O. PETER, RESIDING AT CARMEL BHAVANAM, MEENATHU CHERRY,
KAVANADU P O, KOLLAM DISTRICT.
BY ADV. SRI.N.SUNIL JOSEPH
RESPONDENTS:
*1 THE KOLLAM COASTAL URBAN CO-OPERATIVE AGRICULTURAL BANK
LTD NO.3038
KOTTAMUKKU, KOLLAM, CUTCHERY P O, PIN-691013, REPRESENTED
BY ITS SECRETARY.
* THE PHRASE ' THE KOLLAM COASTAL URBAN CO-OPERATIVE
AGRICULTURAL BANK LTD. NO.308' APPEARING IN THE ADDRESS
PORTION OF THE 1ST AND 2ND RESPONDENTS IS CORRECTED AS
'THE COASTAL URBAN CO-OPERATIVE BANK LTD NO.3036' AS PER
ORDER DATED 18.03.2020 IN IA 1/20.
*2 THE SECRETARY
THE KOLLAM COSTAL URBAN CO-OPERATIVE AGRICULTURAL BANK LTD
NO.3038, KOTTAMUKKU, KOLLAM, CUTCHERY (P.O) PIN-691013.
* THE PHRASE 'THE KOLLAM COASTAL URBAN CO-OPERATIVE
AGRICULTURAL BANK LTD. NO.308' APPEARING IN THE ADDRESS
PORTION OF THE 1ST AND 2ND RESPONDENTS IS CORRECTED AS
'THE COASTAL URBAN CO-OPERATIVE BANK LTD NO.3036' AS PER
ORDER DATED 18.03.2020 IN IA 1/20.
3 THE ASSISTANT REGISTRAR/ARBITRATOR
CYM SPECIAL SALE OFFICER, COSTAL URBAN CO-OPERATIVE
AGRICULTURAL BANK LTD NO.3036, KOTTAMUKKU, KOLLAM,
CUTCHERY (P.O) PIN-691013.
R1-2 BY ADV. SRI.SUBHASH CYRIAC
R1-2 BY ADV. SRI.S.SREEJITH
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8468 OF 2020(G)
2
JUDGMENT
Dated this the 5th day of January 2021 The petitioner has approached this Court, aggrieved by the steps taken for recovery of money due from him to the second respondent. The Writ Petitioner has set up financial difficulties as the reason.
2. After hearing the learned Counsel for the second respondent and the learned Counsel for the petitioner, I am inclined to take a lenient view and to direct the second respondent to permit the petitioner herein, to discharge the entire liability in six equal monthly installments commencing from 05.02.2021 so that by the end of the sixth installment, the entire principal amount and the interest accrued till then can be paid off. If any of the installments is defaulted, the petitioner will forfeit the relief of monthly installment and the entire amount due thereafter will become payable, for which the bank will be entitled to initiate appropriate WP(C).No.8468 OF 2020(G) 3 legal proceedings.
The writ petition is accordingly disposed of.
Sd/-
SUNIL THOMAS JUDGE SKP/5-1 WP(C).No.8468 OF 2020(G) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PASSBOOK ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT.
RESPONDENTS'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE